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(영문) 인천지방법원 2019.07.19 2019구합50094

정직처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. After being appointed as the police assigned for special guard of Incheon Metropolitan City on January 25, 2016, the Plaintiff served as the police assigned for special guard of the waterworks business headquarters B of Incheon Metropolitan City until now.

B. On February 6, 2017, the head of the Incheon District Public Prosecutor's Office received notice of the result of the public official's disposition of the violation of the Road Traffic Act from the Incheon District Public Prosecutor's Office, which was indicted as the charge of the violation of the Road Traffic Act, and requested the Personnel Committee of Incheon Metropolitan City to adopt a heavy disciplinary resolution against the plaintiff. On April 5, 2017, the commission recognized the facts of suspicion for which the disciplinary resolution was requested on April 5, 2017, and decided to take a disciplinary measure against the plaintiff "two months of salary reduction" against the plaintiff. According to the above resolution, the head of the Ministry of Water Supply and Waterworks Headquarters of Incheon Metropolitan City shall take a disciplinary measure against the plaintiff pursuant to Article 5-2 (1) 2 of the Police Assigned for Special Guard on April 11, 2017 and Article 4 of the Incheon Metropolitan City Rules on the Disciplinary Police Assigned for Special Guard (Rules 3022, hereinafter

AB made it.

C. On July 13, 2017, the Plaintiff filed a petition with the Incheon Metropolitan City Administrative Appeals Commission for a revocation trial on disciplinary action against the Plaintiff on April 11, 2017. On August 28, 2017, the Incheon Metropolitan City Administrative Appeals Commission rendered a ruling to revoke the said disciplinary action on the ground that the head of the Incheon Metropolitan City Water Supply Business Headquarters, who has no authority to take disciplinary action against the Plaintiff, was illegal. Accordingly, the head of the Incheon Metropolitan City Water Supply Business Headquarters revoked the disciplinary action against the Plaintiff on September 11, 2017.

On July 6, 2017, the head of the Water Supply Business Headquarters of Incheon Metropolitan City received notification of the results of the disposition of the public official's crime that the plaintiff was indicted as the charge of violating the Punishment of Minor Offenses Act from the Incheon District Public Prosecutor's Office.

E. On September 29, 2017, the Defendant requested the Personnel Committee of Incheon Metropolitan City to adopt a heavy disciplinary resolution against the Plaintiff on the grounds for disciplinary action by stipulating the facts charged following the notification of the results of the above public official’s disposition. The said Committee on October 2017.